A CENTURY OF GEOLOGY IN INDIANA. 161 



Froin the title and from the first two sections quoted it will be seen, that 

 for political reasons only the name of the Department was changed, that the 

 legislature took upon itself the appointment of State Geologist and changed 

 his title to "Director of the Department." It also took from the Governor, 

 by abolishing their offices and creating new ones under different names, the 

 appointments of State Mine Inspector and State Supervisor of Oils. It gave 

 the appointments of these officers to the State Geologist and at the same time 

 created (by a section of the act not quoted) the office of Inspector of Natural 

 Gas, the filling of \vj?ich it also vested in him. 



On the next day after the passage of the act, the legislature appointed 

 Gorby State Geologist for a term of four years, and he immediately appointed 

 the heads of the new divisions provided for in the law. 



Governor Hovey refused to recognize the validity of the act as passed 

 and in May, 1889, appointed John Collett as State Geologist; Gorby having 

 possession, refused to give up the office and the matter went to the courts. 

 It seems to have been pushed through rapidly, for in November, 1889, we find 

 a decision of the Supreme Court* in which that august body held that the 

 legislature had no power to create an office and then fill it; that when created 

 the office must be filled either by appointment by the Governor or by some 

 other State officer designated by the legislature, and if that body did not so 

 designate the appointive power, the office must be filled by an election by 

 the people; that in creating the office of "Director of the Department of 

 Geology" and then attempting to fill it unconstitutionally left the office 

 vacant without an appointive power being designated, and that the Gov- 

 ernor had the right to fill the vacancy until the next general election. It 

 held, moreover, that the office of State Geologist was an administrative one 

 and therefore should, according to the constitution, be eleetive and that the 

 act of 1889, aside from the clauses taking from the Governor the power to 

 fill the vacancies when the offices were created, was valid and would stand 

 as law. 



By that decision and not by any act passed by the legislature the 

 office has continued to be and is to-day an elective one, and Indiana is the 

 only State in the Union, and we believe the only country on earth where a 

 Geologist is so chosen. For some unexplained reason Collett did not attempt} 

 to take over the office, and the case was kept in court by Gorby's lawyers until 

 the next summer, when there was a further decision by the supreme court on 

 some minor points. Meanwhile Gorby had been nominated by the democrats 

 for State Geologist for a term of four years, and our worthy brother member, 

 John M. Coulter, had received the nomination from the republicans. The 

 people of the State, in November, 1890, turned John M. down and Gorby 

 continued to hold the office and draw the salary. 



*The State ex. rel. Collett vs. Gorby. Supreme Court Rep. 122, p. 17. 



JJohn Collett died at Indianapolis March 15, 1899, aged 71 years. He was a gradu- 

 ate of Wabash College in the class of 1847, and received from liis Alma Mater a Ph. D. 

 degree in 1879. He was elected a State Senator in 1870, and was appointed a State 

 House Commissioner in 1878. 



8432 — 11 



